The rule of law is reflected as a core principle of our nation and vital to ordered liberty. To rightly govern the American rule of law it is essential to acknowledge the continuity between the American Declaration of Independence and the U.S. Constitution. The United States of America “government” is framed by these two important documents. The principles of the Declaration of Independence constitute the foundation of the government based on the universal equality of all human beings, and the U.S. Constitution founds the political process that is to be followed by the elected officials in governing the people. One cannot be without the other; both are essential for a stable government.
17.1 Captivity and Enslavement, Olaudah Equiano, the interesting Narrative of the life of Olaudah Equiano written by himself 1. What are Equiano’s impressions of the white men on the ship and their treatment of the slaves? How does this treatment reflect the slave traders’ primary concerns? Equiano’s first impression of these white men is a feeling of uncertainty and sorrow for the future. As his story goes on Equiano is afraid of these white men, but also he is wishing to end it all because of the conditions and treatment of the slaves.
This means that they can’t really be bribed. Document B talks about this when it says, “The judiciary, on contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society;” This is saying that the Judicial Branch has no control over the money or power of the government. For this reason there is really no way for the Judicial Branch to be bribed. This makes their decisions based actually on what they think and not what other people want them to think.
Ultimately, the judicial branch has to go back to what the founding fathers intended for the court’s purpose and to use the power accordingly. To maintain the strength of the branch, the courts must think about what is constitutionally right. Their decisions should reflect the amendments as well. “Judicial power plays an important role in the rule of law, even while it comes frequently into tension with norms of democratic rule” (Friedman & Delaney, 2011, p. 57, para. 1). This is the only way that citizens will feel like their rights are truly protected.
Since men are not angels, government is needed to maintain order. The second states that “If angels were to govern men, neither external or internal controls on a government would be necessary.” Madison acknowledges that since people are fallible, those who lead must not be allowed absolute power.
However, when it is practiced, it is unfair and not applicable to the situation anymore. King spent his life “expressing the very highest respect for the law.” Therefore, he had faith in the government and was hoping it could be just one
“That to secure these rights, Governments are instituted among Men deriving their just powers from the consent of the governed” (Jefferson, 1776/2014, para. 2). Authority should not reside over individuals, but with them. A heart cannot run a body alone. Likewise, a government does not operate a nation by itself. Individuals help maintain the justice of authority.
Thomas Paine’s influential essays, titled The Rights of Man and Common Sense, argue that humans are born with natural rights. Paine views human natures as essentially good, but capable of evil. In order to contain this evil there needs to exist an over-arching institution that would provide stability and peace. Paine argued that the government would play this role. However, he viewed the government as a necessary evil.
“Government is necessary to ensure the proper use of force... The purpose of government is to protect the individual rights of its citizens” (importanceofphilosophy.com). And, just exactly what are our individual rights? “The freedom to act, work, think and behave without retribution bestowed upon members of an organization through legal, regulatory and societal standards” (businessdictionary.com). In other words, the government was only created as a means to protect our individual rights and ensure that we aren’t judged and are free to do as we choose as long as we do not interfere with the individual rights of others.
He explains that only when the legislature does not act in the best interest of its citizens or if they “endeavour to invade the property of the subject,” do the citizens have grounds for rebellion (). Following from the previous paragraph, when governments attempt to address inequality without the expressed consent of the governed, they may be dissolved. Focusing so singularly on the protection of property and therefore the protection of inequality will directly contrast with
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness”. This statement by the Founding Fathers is the core disagreement between the 13 Colonies and Great Britain. Throughout this historical document, there are multiple arguments made to get the authors’ point across. The authors’ effectively use logos, ethos, and pathos to contribute to the formation of the concluding argument. Logos is used because the thesis is straight to the point and it is supported throughout the entire document.
This part in the Constitution means to me that the government can not turn into a dictatorship under the Constitution.
That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the
Just as in other countries, the law in Malaysia can be found not only in legislation, but also in cases decided by the courts. The courts in question are the Federal Court, the Court of Appeal, and the two High Courts. This is because only decisions of superior courts are sources of law as they are the courts that decide on matters of law whereas lower courts generally discuss on matters of fact. Decisions of the higher courts are binding to the lower courts which is known as stare decisis. Stare decisis is a latin term which means to stand by what has been decided.
Malaysian judiciary refers to the Malaysian court system. It is an independent body separate from the legislative and executive arms of government. The role of courts is to ensure the law and order are followed, that justice is done, and criminals are punished. The head of the judiciary is the Chief Justice.
